Kuve Limited Partnership v. Gerald La Pointe et al

Filing 8

ORDER SUMMARILY REMANDING IMPROPERLY-REMOVED ACTION by Judge Michael W. Fitzgerald that (1) this matter be REMANDED to the Superior Court of California, County of Los Angeles, 12720 Norwalk Boulevard, Norwalk, California, 90650, for lack of subject matter jurisdiction pursuant to 28 USC section 1447(c); (2) the Clerk send a certified copy of this Order to the state court; and (3) the Clerk serve copies of this Order on the parties. (Made JS-6. Case Terminated.) (jp)

Download PDF
1 Simply stated, this action could not have been originally 2 filed in federal court because the complaint does not competently 3 allege facts supporting either diversity or federal-question 4 jurisdiction, and therefore removal is improper. 28 U.S.C. 5 § 1441(a), see Exxon Mobil Corp. v. Allapattah Svcs., Inc., 545 6 U.S. 546, 563 (2005). Defendants’ notice of removal asserts that 7 “[f]ederal question [jurisdiction] exists because Defendant’s 8 [sic] Answer . . . depend[s] on the determination of Defendant’s 9 [sic] rights and Plaintiff’s duties under federal law.” (Notice 10 at 2, ll. 26-28). These allegations are inadequate to confer 11 federal question jurisdiction. See Merrell Dow Pharmaceuticals, 12 Inc. v. Thompson, 478 U.S. 804, 808 (1986) (“A defense that 13 raises a federal question is inadequate to confer federal 14 jurisdiction.”). 15 Accordingly, IT IS ORDERED that (1) this matter be REMANDED 16 to the Superior Court of California, County of Los Angeles, 12720 17 Norwalk Boulevard, subject matter Norwalk, California, 90650, for lack of 18 jurisdiction pursuant to 28 U.S.C. § 1447(c); 19 (2) the Clerk send a certified copy of this Order to the state 20 court; and (3) the Clerk serve copies of this Order 21 parties. 22 IT IS SO ORDERED. 23 24 DATED: April 19, 2016 25 26 MICHAEL W. FITZGERALD UNITED STATES DISTRICT JUDGE 27 28 2 on the

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?